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(영문) 서울고등법원 2019.07.17 2019노1344
폭행등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the lower judgment 2018Gohap376 case, the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”)

(2) As to the case of the lower judgment 2018Kahap377, the Defendant did not have any crew member on the train in Incheon subway No. 2, but did not assault the left part of the crew member. The Defendant did not have any crew member on the train in Incheon subway No. 2, and did not assault the crew member’s left part.

3) As to the lower judgment 2018 Gohap378 case, the Defendant did not appear to have been capable of paying food values by the victim I, and there was no assault by the said Defendant. 4) As to the lower judgment 2018 Gohap379 case, the Defendant, with the intent to purchase, contained an ice cream outside the convenience store in an envelope, and thus, there was no intention to commit theft.

5) As to the case of the lower judgment 2018 Gohap380, the Defendant cited the person with heavy interest and did not have any intention to steal. 6) As to the case of the lower judgment 2018 Gohap381, the Defendant did not have any intention to steal the victim’s face from the subway 4 Line S Station S Station platform, and there was no fact that the Defendant removed and removed a name tag attached to his name spread.

7) As to the case of the lower judgment 2018 Gohap457, the Defendant did not shoulder the Defendant at the Dong-dong Detention House with a television monitor at the right right knee in the water. B. The Defendant’s punishment sentenced by the lower court of unfair sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of all the facts charged by comprehensively taking account of the evidence presented in its judgment as to the allegation of mistake of facts regarding the part of the Defendant case.

Examining the judgment of the court below closely with the records, the above judgment of the court below is just, and there is no illegality that misleads the facts.

Therefore, it is true.

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